Family Law

What is mediation?

By Ted Smith, Attorney · Originally published May 15, 2020. Updated July 16, 2026.

If your case is heading toward trial, chances are your lawyer will bring up mediation before you ever see a courtroom. Mediation is a settlement negotiation, guided by a trained, neutral mediator, where both sides try to resolve the case themselves instead of leaving the outcome to a judge or jury. It is not a trial, and the mediator does not decide who wins. A qualifying written settlement or agreement can make the outcome binding.

Texas courts can refer or order appropriate civil cases to mediation. Whether mediation is required depends on the court’s order and applicable local practice, which should be confirmed in your case. Understanding what may happen in the room takes the mystery out of the process and helps you show up prepared.

How a mediation session works

The mediator, parties, and court determine the format. A mediation may open with a joint session, use separate rooms from the start, proceed remotely, or combine formats. When there is a joint session, the participants may include you, your lawyer, the opposing party, their lawyer, and, in a personal injury case, an insurance representative.

During a joint session, each lawyer may give a short overview of the case. This can help the mediator understand the legal and factual issues before negotiations continue.

In a separate-room format, you and your lawyer meet privately while the other side meets elsewhere. The mediator moves between the parties, carrying settlement numbers and information and helping each side understand the strengths and weaknesses of its position. Private caucuses allow you and your lawyer to speak candidly about strategy, subject to the mediation’s confidentiality rules.

The length of the session does not dictate whether it begins jointly or in separate rooms. The mediator, parties, and any court order shape the process for the particular dispute.

What happens if you settle

If the parties reach an agreement, they may draft and sign a mediated settlement agreement before the session ends. In a Texas family case, an MSA is binding and irrevocable only when it meets the statutory requirements, including the required prominently displayed language and signatures. Family-violence and child-best-interest exceptions may apply in some suits affecting the parent-child relationship. Your lawyers then use a qualifying agreement to prepare the more formal settlement paperwork or, in a personal injury case, the release the insurance company requires before payment.

If the parties cannot agree, the mediator declares an impasse, and the case moves back toward trial. An impasse does not close the door on settling later. It just means this particular session did not produce an agreement.

What mediation is not

Mediation is not a quick payday. In a personal injury case, settling at mediation does not necessarily mean you walk out with a check that day. Completion and payment timing varies based on the release, liens, required approvals, insurer procedures, and the settlement terms. In a family law matter, you may not leave mediation with a signed final order. A qualifying mediated settlement agreement can become the roadmap your lawyers use to draft the order submitted to the court.

Mediation also is not a substitute for legal advice. A mediator is neutral and cannot advocate for you or tell you whether a number is fair. That is still your lawyer’s job.

Why mediation is worth taking seriously

Beyond the chance to settle, mediation can give both sides a preview of how the case might play out at trial. Depending on the format, the parties may present evidence and arguments to explain the strength of their positions. That can provide useful information whether or not the case settles that day.

FAQ

Is mediation required in Texas? A judge may refer or order parties to attempt mediation. Local requirements depend on the court and its orders and should be confirmed in your case. Even when it is not court-ordered, both sides may agree to try it.

Is anything said in mediation binding? Statements and settlement offers made during the mediation session itself are confidential and generally cannot be used against you later. Mediation is nonbinding unless the parties enter a qualifying written settlement or agreement, which may include a statutory mediated settlement agreement or an enforceable Rule 11 agreement.

How long does a mediation session take? Sessions are typically scheduled as a half-day or full-day, depending on the complexity of the case and how many issues need to be resolved.

Who pays for the mediator? The parties typically split the mediator’s fee unless they agree to a different arrangement.

Can I still go to trial if mediation does not work? Yes. If the mediator declares an impasse, your case simply returns to the normal litigation track toward a trial setting.

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Get help preparing for mediation

Whether your case is headed to mediation or trial, having a lawyer who has sat in both rooms matters. Call or text (254) 690-5688 for a consultation, or visit our contact page to reach the Ted Smith Law Group team.